Terms of Service

Welcome to the NovoEd, Inc. (“NovoEd”) website located at www.novoed.com and the course sites on hosted on the NovoEd platform at novoed.com (the“Site”).

Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and the online courses (“Courses”), discussion forums and all content, information and services accessible via our Site. To make these Terms easier to read, the Site, the Courses, discussion forums and all content, information and services accessible via our Site are collectively called the “Services.” The educational institutions, corporations and other entities that make online courses available on the Site (the“Course Providers”) are each third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to the Course Provider. In some cases, Courses are provided subject to additional terms and conditions imposed by NovoEd or the Course Provider. These additional terms and conditions will be posted on the Course website.

Agreement to Terms

By using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy do not use the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility
You may use the Services only if you are over 18 years of age, an emancipated minor, or if you possess legal parental or guardian consent, and are fully capable of forming a binding contract with NovoEd and are not barred from using the Services under applicable law. In any case, you affirm that you are over the age of 13 since access to the Services is not intended for children under 13. If you are under 13 years of age, do not use the Services. In addition, certain Courses may have additional eligibility requirements, as specified on the Course website.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site. You may only register for one Account.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Payment Terms
Some Courses are provided for a fee. You agree to pay any applicable Course fee and any taxes and other fees that may accrue in relation to your registration for a Course, if any. Course fees will be payable in advance. All Course fees are non-refundable and non-transferable except as expressly provided in the additional terms in conditions for the applicable Course. All fees and applicable taxes, if any, are payable in United States dollars.

Honor Code
By registering in a Course, you agree to: complete all assessments, problems, homework and assignments with your own work (unless collaboration is expressly permitted); acknowledge any and all external sources used in your work; refrain from any activity that would dishonestly or fraudulently improve your results or disadvantage others in the Course; refrain from disclosing answers to assessments, problems, assignments and homework to others whether created by you, another Account holder or Course instructor or staff; be a responsible teammate and communicate with respect with your other teammates if you participate in a Course team; and not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Services. This Honor Code is not intended to prohibit discussion of Course material. While students must submit work that is their own, students should feel free to discuss lectures or other Course material with other participants. If you use the Services in a manner that is inconsistent with the Honor Code we might have to suspend or terminate your Account.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

NovoEd does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, NovoEd and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to NovoEd a non-exclusive, irrevocable, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by NovoEd on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You acknowledge and agree that neither NovoEd nor the Course Provider is responsible for resolving any disputes between you and other Course participants regarding your rights to any User Content or other materials or inventions which may have been created by you alone or jointly with other Course participants.

You may be able to remove some of your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be removed or may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by NovoEd
Subject to your compliance with these Terms, NovoEd grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Content Disclaimer
The Content may include the opinion of the specific instructor and are not statements of advice, opinion, or information of NovoEd. The Services may also include the personal opinions and other expressions by Account holders who post entries on a wide range of topics. Neither the content of the forums, nor the links to other web sites, are screened, approved, reviewed or endorsed by NovoEd.

Feedback
We welcome feedback, comments and suggestions for improvements to the Services ( “Feedback” ). You can submit Feedback by emailing us at support@novoed.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Certificates of Record and Disclaimer of Student Relationship

Certificates
NovoEd or the Course Providers may offer a certificate or other acknowledgment (a “Certificate”) for students who, in their judgment, have satisfactorily demonstrated mastery of the Course material. Certificates of Record will be issued by NovoEd, the Course Provider or the instructor of the Course. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of the Course Provider or the Course instructor. NovoEd or the Course Provider may choose not to offer a Certificate for some Courses.

Disclaimer of Student Relationship
When you take a course through the Services, you will not be an applicant for admission to, or enrolled in, any degree program of the Course Provider as a result of registering for or completing a course provided by the Course Provider through the Services. You will not be entitled to use any of the resources of the Course Provider beyond the Courses provided on the Services, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of the Course Provider.

Acceptable Use Policy and NovoEd’s Enforcement Rights

Acceptable Use Policy
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy we might have to suspend or terminate your Account.

NovoEd’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms including our Acceptable Use Policy. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA Copyright Policy

NovoEd respects copyright law and expects its users to do the same. It is NovoEd’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy for further information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at legal@novoed.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NovoEd DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES NovoEd MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. NovoEd MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You will indemnify and hold harmless NovoEd and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER NovoEd NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NovoEd HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL NovoEd’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NovoEd FOR USE OF THE AFFECTED COURSE OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NovoEd, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NovoEd AND YOU.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NovoEd AND YOU.

Dispute Resolution

Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate
You and NovoEd agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and NovoEd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NovoEd otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between NovoEd and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without NovoEd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by NovoEd via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

NovoEd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact NovoEd at legal@novoed.com.

Privacy Shield Policy

NovoEd complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. NovoEd has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, NovoEd commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact NovoEd at privacy@novoed.com

NovoEd has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.

SCOPE – This Policy applies to the processing of Individual User Personal Data that NovoEd receives in the United States concerning Individual Users who reside in the European Union.“Personal data” shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

RESPONSIBILITIES AND MANAGEMENT – NovoEd will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. NovoEd personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that NovoEd has undertaken to protect Personal Data.

RENEWAL / VERIFICATION – NovoEd will renew its US-EU Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism. Prior to the re-certification, NovoEd will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual User Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, NovoEd will undertake the following:

Review this Privacy Shield policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Individual User Personal Data

Ensure that the publicly posted privacy policy informs Individual Users of NovoEd’s participation in the US EU Privacy Shield program and where to obtain a copy of additional information (e.g., a copy of this Policy)

Ensure that this Policy continues to comply with the Privacy Shield principles

Confirm that Individual Users are made aware of the process for addressing complaints and any independent dispute resolution process (NovoEd may do so through its publicly posted website, Individual User contract, or both)

Review its processes and procedures for training Employees about NovoEd’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data

COLLECTION AND USE OF PERSONAL DATA – NovoEd provides various solutions to its Individual Users who purchase its products. NovoEd collects Personal Data from Individual Users when they register with our website, complete their profiles, or complete surveys. The Personal Data that we collect may vary based on the Individual User’s interaction with our website. As a general matter, NovoEd collects the following types of Personal Data from its Individual Users: contact information, including, a contact person’s name, email address, location (city / state / country), current job title, current employer, and possibly other HR Data including but not limited to: department, division, and region. The information that we collect from Individual Users is used for reporting, record keeping, and transacting services as requested by our Users and is directly related to the services purchased by our users. For certain products, NovoEd serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Users in this capacity is used for reporting, invoicing, renewals, other operations related to providing services to the Individual User, and as otherwise requested by our partner and/or agent.NovoEd uses Personal Data that it collects directly from its Individual Users and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:

Maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Individual User);

Storing and processing data, including Personal Data, in computer databases and servers located in the United States;

Verifying identity (e.g., for online access to accounts);

As requested by the Individual User;

For other business-related purposes permitted or required under applicable local law and regulation;

And as otherwise required by law.

NovoEd does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will comply with GDPR regulations including “opt-in”.

DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA – Except as otherwise provided herein, NovoEd discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.NovoEd may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, NovoEd may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by NovoEd and they must either:

Comply with the Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of Personal Data;

Or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;

NovoEd also may disclose Personal Data for other purposes or to other Third Parties when a User has consented to or requested such disclosure. Please be aware that NovoEd may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. In cases of onward transfers of data, received pursuant to the EU-U.S. Privacy Shield, NovoEd is potentially liable.

DATA INTEGRITY AND SECURITY – NovoEd uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. NovoEd has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to NovoEd’s electronic information systems requires user authentication via password or similar means. NovoEd also employs access restrictions, limiting the scope of employees who have access to Individual User Personal Data. Further, NovoEd uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.

NOTIFICATION – NovoEd notifies Individual Users about its adherence to the EU-US Privacy Shield principles through its publicly posted website privacy policy, available on this page and take Individual User’s approval and adherence to the current policy when they provide their information to us in the transactional process.

ACCESSING PERSONAL DATA – NovoEd personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.

RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA

Right to Access – Individual Users have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which NovoEd collected it. Individual Users may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and NovoEd policies. Upon reasonable request and as required by the Privacy Shield principles, NovoEd allows Individual Users access to their Personal Data, in order to correct or amend such data where it is inaccurate. Individual Users may edit their Personal Data by logging into their account profile or by contacting NovoEd by email. In making modifications to their Personal Data, Users must provide only truthful, complete, and accurate information.

Requests for Personal Data – NovoEd will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the User.

Satisfying Requests for Access, Modifications, and Corrections – NovoEd will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.

CHANGES TO THIS POLICY – This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees aware of changes to this policy either by posting to our intranet, through email, or other means of communication. We will notify Users if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.

ENFORCEMENT AND DISPUTE RESOLUTION – In compliance with the US-EU Principles, NovoEd commits to resolve complaints about your privacy and our collection or use of your personal information. EU individuals with questions or concerns about the use of their Personal Data should contact us at privacy@novoed.com.The Federal Trade Commission has jurisdiction over NovoEd’s compliance with the Privacy Shield. If a User’s question or concern cannot be satisfied through this process NovoEd has further committed to refer unresolved privacy complaints under US-EU Privacy Shield to an independent dispute resolution mechanism operated by the Federal Trade Commission (FTC). An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. See Annex I of the Privacy Shield Framework for additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Acceptable Use Policy

This Acceptable Use Policy describes prohibited uses of the NovoEd, Inc. (“NovoEd”) website located at www.novoed.com (the “Site”) and the online courses (“Courses”), discussion forums and all content, information and services accessible via our Site (collectively with the Site called the “Services”).

You agree not to do any of the following:

Use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, including: (i) any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (ii) activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, or hate speech; (v) is harassment, violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site, or any individual element within the Site or Services, NovoEd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NovoEd’s express written consent;

Access, tamper with, or use non-public areas of the Services, NovoEd’s providers;

Attempt to probe, scan, or test the vulnerability of any NovoEd system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NovoEd’s providers or any other third party (including another user) to protect the Services;

Attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software andor search agents provided by NovoEd or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a NovoEd’s express written consent;

Use the Services in any manner not permitted by your agreement with NovoEd;

Forge any TCPIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

NovoEd will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. NovoEd may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that NovoEd has no obligation to monitor your access to or use of the Services or to review or edit any content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Acceptable Use Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NovoEd reserves the right, at any time and without prior notice, to remove or disable access to any Content that NovoEd, at its sole discretion, considers to be in violation of this Acceptable Use Policy or otherwise harmful to the Services.

Copyright and IP Policy

NovoEd, Inc. (“NovoEd”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website atwww.copyright.gov/legislation/dmca.pdf, NovoEd services and the www.novoed.com website (the “Site”) that are reported to NovoEd’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the followingDMCA Notice of Alleged Infringement and delivering it to NovoEd will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to NovoEd’sDesignated Copyright Agent: